Study On The Legal System Of Compulsory Detoxification

The drug problem is a common social ills facing all countries in the world today and is a huge global challenge.On December 29, 2007, the 31st session of the Standing Committee of the Tenth National People's Congress adopted the Law of the People's Republic of China on Drug Control (hereinafter referred to as the Law on Narcotics Control) and decided to come into effect on June 1, 2008. In 2011, the 160th executive meeting of the State Council passed the Drug Abstention Regulations of the State Council and implemented on June 26, In order to adapt to the practical needs of the anti - drug work in the new period, Chinese Anti - drug Law has established four compulsory detoxification measures: compulsory isolation and detoxification, community drug rehabilitation,community rehabilitation and voluntary detoxification. Compulsory isolation drug treatment system introduced to replace the operation of more than 10 years of compulsory detoxification and reeducation - through - labor system,which is Chinese drug development in the history of significant progress. The. regulations of the-Drug Control Law of the People's Republic of China on Drug Abuse,which is the first of its kind, further clarify the principle of "people-oriented, scientific detoxification,comprehensive treatment and caring for help" under the new situation. Detoxification treatment, rehabilitation guidance, rescue service both detoxification work system.However, the problem of drug abuse is resolved spontaneously or voluntarily by community, such as voluntary detoxification, community drug rehabilitation,community rehabilitation, and so on. On the one hand, because the practice of self-government or voluntary drug rehabilitation started late, some areas are even blank,On the other hand, social support resources are insufficient. However, in recent years,all kinds of criminal cases caused by drugs have occurred repeatedly, and even intensified, the severity has reached the level of endangering national security, therefore,through national compulsory intervention drug addiction to achieve drug rehabilitation purposes should be to curb the spread of drugs Situation, to help and save drug addicts the most reasonable means.The concept of compulsory detoxification is first proposed in the Anti-drug Law of the People's Republic of China. Although it is a new system in the field of drug rehabilitation, its system is based on the original compulsory detoxification and reeducation through labor. Although the system of compulsory isolation and detoxification has certain legal origins in China, the theoretical foundation of the system is not deep. So far,the concept and nature of compulsory isolation and detoxification system have not been finalized. Such as lack of norms, lack of judicial discretion,imperfect supervision and relief mechanism, will not only affect the perfection and unification of the legal system of drug addiction, but also have the potential to violate the lawful rights and interests of compulsory isolation drug addicts and affect the detoxification effect.The compulsory isolation and detoxification system is based on the mode that the drug addicts are offenders, victims and patients, changing the mode of "heavy punishment and light punishment" in the past, and highlighting the new drug treatment system focusing on drug treatment and rehabilitation training. In accordance with the local conditions, the provinces have been actively exploring the compulsory isolation and detoxification mode suitable for the treatment of drug abuse in the province.Although the modes of drug rehabilitation vary in form, the relevant provisions of theNarcotics Control Law and the Drug Treatment Ordinance have been transformed into a specific of the operating mode. However, there are still many problems in the practice of compulsory isolation and detoxification system due to the defects of legislation, poor management system, insufficient funds guarantee, single treatment means, and shortage of qualified personnel.To solve the problem of compulsory isolation and detoxification system in China,aclear separation of the legal framework of drug detoxification system,and then promote the relevant laws of the authority of norms and procedural norms sound, so that China's drug control, drug treatment work on a more rule of law, Standardized and scientific track to ensure that detoxification practice in the future to help drug addicts abstain from drug addiction, reintegration into society, to achieve mandatory isolation drug treatment system should be valuable.